A. K. SIKRI, J.

( 1 ) THE question, which falls for consideration, is as to whether a complaint under Section 138 of the Negotiable Instrument Act can be filed against the company and/or its Managing Director/director after the winding up of the said company.

( 2 ) PETITIONER no. 1 was the Managing Director and petitioner no. 2 is the Director of a public limited company called Sakura Seimitsu India Ltd. It entered into Lease Agreement dated 12. 1. 1995 with Ceat Financial Services Ltd. (hereinafter called 'complainant') and issued post-dated cheques on 12. 1. 1995 for future lease rentals. There were certain defaults in making payment of lease rentals as a result of which complainant filed winding up petition being cp. No. 23 of 1998 against the company in the High Court of judicature at allahabad. Vide order dated 24. 7. 1998 the said petition was admitted and thereafter this company was finally wound up by the orders of the High Court passed on 23. 11. 1998 and Official Liquidator (OL) was appointed to take charge of all the assets and properties of the company. The necessary legal consequence was discharge of all the employees and officers from the services of the company inc